State v. . Hunter
Supreme Court of North Carolina
INDICTMENT for an escape, tried before Clark, Judge, and a jury, at November Special Criminal Term, 1885, of the Superior Court of Wake county. It was admitted that the defendant was the deputy sheriff of Alamance county.
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INDICTMENT for an escape, tried before Clark, Judge, and a jury, at November Special Criminal Term, 1885, of the Superior Court of Wake county. It was admitted that the defendant was the deputy sheriff of Alamance county. Thj? State then offered in evidence the original bound volume of the records of Wayne Superior Court, produced in Court and proved by the Clerk of the Superior Court of Wayne county, for the purpose of showing that the escaped prisoner had been indicted in Wayne county for larceny, and also proved by the same officer, the original capias issued by the Clerk of said Court to…
1Opinion of the CourtMerrimoN, J.
Generally and regularly, the record itself oí' an action, ought not to be produced in evidence, except when it is offered in the same Court to which it belongs. That Court has the lawful possession and control of it, and can promptly give litigants such benefit of it as they may be entitled to have, without removing it from the immediate custody of the Court, and to a place more or less remote from the office where it is regularly kept. There is no reason, however, why the record should not itself be evidence, in a proper case, in any Court, and the best evidence. It is not generally so used,…
2Cases cited3 opinions
- State v. . VoightSupreme Court of North Carolina · 1884
- State v. . PrattSupreme Court of North Carolina · 1883
- State v. MartinSupreme Court of North Carolina · 1874
3Cited by11 opinions
- State v. KerleySupreme Court of North Carolina · 1957
- Hudson v. North CarolinaSupreme Court of the United States · 1960
- State v. BryantSupreme Court of North Carolina · 1953
- State v. . DegraffenreidSupreme Court of North Carolina · 1943
- United States v. NixSupreme Court of the United States · 1903
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